HomeMy WebLinkAboutOrdinance # 1957~ti
ORDINANCE NO. 1957
AN ORDINANCE AMENDING CHAPTER 8 (INTOXICATING LIQUORS) OF THE
CANTON MUNICIPAL CODE
WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and
in the best interests of the citizens of Canton, Illinois to amend Chapter 8 (Intoxicating Liquors)
of the Canton Municipal Code in relation to restaurant and catering licenses; and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
That Chapter 8 (Intoxicating Liquors) of the Canton Municipal Code be amended to read
as follows:
3-8-4: CLASSES OF LICENSES: Licenses for the retail sale of alcoholic liquor or
operation and maintenance of a bottle club or set-up establishment within the corporate limits of
the City shall be divided into the following classes:
(A) Class A, Tavern License.
1. Class A licenses shall authorize the retail sale of alcoholic liquors on the premises
of any tavern for consumption on the premises, as well as other retail sales of such liquor
for consumption off said premises.
2. Subclass A. A temporary supplemental license must be obtained for the retail sale
of alcoholic beverages in an outdoor beer garden or cafe or a sidewalk restaurant adjacent
to the licensed premises. Such a license must be applied for and obtained for each outside
event (or 1 per day).
(a) Application for this license must be made for any outdoor event where
alcoholic beverages are sold at retail. To apply for this supplemental temporary license,
the licensee shall file its request, in writing, with the Canton Liquor Commission.
Application for the temporary license must be received fourteen (14) days in advance of
the event. A nonrefundable application fee often dollars ($10.00) shall be paid by the
licensee requesting this supplemental license. The request shall include a scale drawing
of the proposed outdoor facility which shall, at a minimum, include the following:
(1) A method by which the area shall be confined to prohibit the removal of
alcoholic liquor and constrict noise to the approved area.
(2) A reasonably substantial structure across which alcoholic liquor shall be
served which shall afford bartenders reasonable protection from patrons, unless the
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outdoor facility is serviced directly by the indoor licensed premises.
(3) The locations of at least two (2) exits from the area, only one of which
shall be through a building or, in the case of a patio, deck, open porch, balcony or rooftop
facility, such exits as are required by the City fire codes, as adopted in 5-6-1 of this Code.
(4) The location of the telephone required by Section 3-8-14 of this Chapter
for the outside area.
(5) A description of the nature of the outside entertainment planned.
(b) The supplemental temporary license requested shall not be issued for any
location in a residential section of the City, as defined in Section 10-4-1 et seq., of the
Canton Municipal Code. No live entertainment shall be permitted outside except live
music. No music (recorded or live) or any other broadcast, including public address, shall
be made at an unreasonable level and shall conform with City ordinances including
prohibition of noise or similar nuisance. All outside entertainment or music shall be
limited to the hours of eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. on
Saturday.
Only holders of a Class A, B, C or D license may apply for such a license. If granted to a
Class B license holder, the licensee shall continue to maintain its primary business as a
restaurant pursuant to Section 3-8-2 of this Code. Such license may be revoked at any
time should the above rules not be followed.
(B) Class B, Supper Club License. Class B licenses shall authorize the retail sale of alcoholic
liquors on the premises of any restaurant for consumption on the premises.
(C) Class C, Restaurant, Beer and Wine License. Class C licenses shall authorize the retail
sale of beer and wine only on the premises of any restaurant for consumption on the
premises.
(D) Class D, Club License. Class D licenses shall authorize the retail sale of alcoholic liquors
on the premises of any club for consumption on the premises.
(E) Class E, Package Store License: Class E licenses shall authorize the retail sale of
alcoholic liquors in packages for consumption off the premises and not for consumption
on the premises where sold.
(F) Class F, Special Events License: Class F licenses shall authorize the retail sale of
alcoholic liquors on the premises in any nonresidential location for a period of two (2)
weeks or less, as determined by the local liquor control commission. The license shall
only apply to catered functions or special events. No person can obtain a class F license
more than once in a period of sixty (60) consecutive days.
(G) Class S, Bottle Club or Set Up Establishment: Class S licenses shall authorize an
establishment to be operated or maintained wherein patrons supply or bring to the
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premises their own alcoholic liquor or beverages and purchase or obtain from the
operator mix, ice, glasses or other materials in order to provide themselves with
refreshments.
(H) Class T, Catering: Class T licenses shall authorize the retail sale of alcoholic liquors for
consumption an the premises onl ,subject to the following condition• the retail sale of alcoholic
liauors shall be allowed only at private or civic functions on the premises which are not open to
the general public, and at which the licensee provides food for consumption by those persons
attending_the function.
The above described classes of licenses shall be the only classes of licenses available for
the retail sale of alcoholic liquor or operation and maintenance of a bottle club or set-up
establishment within the Corporate limits of the City.
3-8-8: LICENSE FEE: The annual fee for licenses for the sale at retail of alcoholic
liquor for the various categories of licenses shall be for a six (6) day license (Monday through
Saturday). Said fees shall be payable quarterly in advance beginning May 1 of each fiscal year of
the city and shall be as follows:
(A) The annual license fee for a six (6) day class A, tavern license shall be nine hundred
dollars ($900.00).
(B) The annual license fee for a six (6) day class B, supper club license shall be six hundred
dollars ($600.00).
(C) The annual license fee for a six (6) day class C, restaurant, beer and wine license shall be
six hundred dollars ($600.00).
(D) The annual license fee for a six (6) day class D, club license shall be four hundred
eighty dollars ($480.00).
(E) The annual license fee for a six (6) day class E, package store license shall be one
thousand twenty dollars ($1 ,020.00).
(F) The annual license fee for a six (6) day class S, bottle club or set up establishment license
shall be seven hundred fifty dollars ($750.00).
(G) The annual license fee for a six (6) day Class T catering license shall be six hundred
dollars ($600.00
The fee for class F, special events license shall be one hundred dollars ($100.00) plus ten dollars
($10.00) for each day for which the license is to be used.
Those licensees who desire to sell alcoholic liquor at retail on Sunday shall pay an additional one
hundred dollars ($100.00) for a seven (7) day license (Monday through Sunday) in each of the
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categories set out above, with the exception of a class A tavern licensee which shall pay an
additional four hundred fifty dollars ($450.00) for a seven (7) day license (Monday through
Sunday).
3-5-19: BARTENDER PERMIT; REQUIRED; DISPLAY:
(A) It shall be unlawful for any person to sell or serve alcoholic liquor across a dram shop
counter (even if the alcoholic liquor be supplied by the customer) or attend upon any bar
unless he shall have on his person a current, valid bartender permit, or for a licensee
under this Chapter to permit any person to do so unless such person shall have on his
person a current, valid bartender permit. All persons holding a valid bartender permit
shall display such permit to any customer or police officer upon request.
(B) The requirements of paragraph (A) of this Section shall not apply to establishments
holding class "C" licenses for the sale of beer and wine only, and to employees of such
establishments, except that at all times during business hours there shall be present on the
licensed premises at least one holder of a current valid bartender's permit for such
establishment. Such permit holder shall have supervisory authority over and be
responsible for the actions of all employees not holding a bartender permit in connection
with the selling, serving and handling of alcoholic liquors and any requirements imposed
by law on employees of a licensed establishment.
(C) The requirements of paragraph (A) of this Section shall not apply to club establishments
holding class "B" or "D" or "T" licenses, except that at all times during business hours
when alcoholic liquor is being sold or served there shall be present on the licensed
premises at least one holder of a current valid bartender's permit for such establishment.
Such permit holder shall have supervisory authority over and be responsible for the
actions of all bartenders not holding permits in connection with the selling, serving and
handling of alcoholic liquors and any requirements imposed by law on bartenders or
employees of a licensed establishment. For any bartender to qualify for the permit
exemption of this section, he must be a member of the club or organization and must not
be paid for the bartending services.
(D) The requirements of subsection (A) of this section shall not apply to establishments
holding class "F" licenses at bars, dramshop counters or stands at which the only
alcoholic liquor sold or served is beer and/or wine, and to their employees who work at
such limited bars, counters or stands, except that at all times during which the only
alcoholic liquors sold at such bars, counters or stands are beer and/or wine at least one
holder of a current valid bartender's permit shall be present in each bar, counter or stand.
Such permit holder shall have supervisory authority over and be responsible for the
actions of all employees not holding bartender permits in connection with the selling,
serving and handling of alcoholic liquors, and any requirements imposed by law on
employees of a licensed establishment.
However, nothing herein shall exempt any person who sells or serves alcoholic liquor at a
bar, dramshop counter or stand which has for available sale or delivery alcoholic liquors
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in addition to beer and/or wine from complying with the provisions of subsection (A) of
this section.
3-8-19.9: BASSET TRAINING REQUIRED: Each employee of a Class A, B, C,
D, E or S and T License who will be engaged in selling, mixing, preparing, serving or delivering
alcoholic beverages to customers, guests or patrons, for consumption on or off premises, shall
successfully complete a Beverage Alcohol Sellers and Servers Education and Training program
conducted by an agency licensed by the Illinois Liquor Control Commission. Such training shall
be completed not more than 90 days after the employee begins employment with the licensee. A
copy of the employee's certificate of completion of training shall be maintained, by the
establishment, in a manner that will allow inspection, upon demand, by any designee of both the
state or local liquor control authorities.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 16th day of December , 2008 upon a roll call vote as follows:
AYES: ~-dermen Schenck., Berardi, Sarff, jVest, Nidiffer, Mmes, Strandberg,
Lewis..
NAYS: None,
ABSTAIN: None .
TTEST:
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Nancy S. ites, City Clerk
ROVED:
Kevin R. Meade, Mayor